Tammuz Organization issued its Third Report on Monitoring of the Board of Commissioners of the Independent High Electoral Commission

Tammuz Organization for Social Development continues to monitor the selecting of the Board of Commissioners of the Independent High Electoral Commission, which issued its first report on 29/11/2011 and that the formed parliamentary committee demanded to the need to involve Civil Society Organizations in monitoring the process of selecting members of the commission Council of the new elections.
After the approval of committee and meeting with Mr. Ali al-Alaq, President of the Parliamentary Committee, and clarify some of the points relating to the work of the committee and work plan, the organization began to attend all meetings of the Committee and submit proposals to them, and the organization attended all meetings of the first stage and most of the meetings of the second stage. And before the end of the second stage the organization issued its second report on 25/1/2012, where pointed to some obstacles of election process, indicating the most prominent landmarks of second stages, and it was presumed that civil society organizations continue to attend meetings of the Committee in the House of Representatives, but the organization and other organizations surprised to not send invitation to them and not inform them on the meeting dates. It is understood that the attendance to the Committee meetings are in the Iraqi parliament building, which requires action authorized by the Secretariat of the Committee for the purpose of allowing organizations to attend.
The organization issued its third and final report about the work of the parliamentary committee in charge of the selection of the Board of Commissioners of the Independent High Electoral Commission ( choice 60 candidates out of 338, including 30 women), after conducting personal interviews with them.
Here we note that we watched the third stage of the follow-up and monitoring statements of Committee members and parliament members and follow-up interviews and press statements broadcast by various media, and below the main points that have been monitored:
1. Removal of civil society organizations that have contributed to monitor the operation since the formation of the parliamentary committee for attendance the meetings of the Committee (since the comparison process to the end of the Committee’s work and the choice of 60 candidates), and this leads us to wondered why were the dimensions of civil society organizations for the most important process and sensitivity in the selection of members board of Commissioners?
2. The delay of the Commission’s work through the slow in its work, where it was scheduled to end its work and provide 60 candidates in March according to the plan that put by the Committee, and as a result of this delay, the House of Representatives decided to extend the work of the Commission and thus extend the period of work of the Electoral Commission Council members for three months, and this will lead to a delay procedures in next elections.
3. Committee sorted ((338 candidates)) during the comparison stage among more than ((3000 candidates passed the first stage)) with the absence of supervisor of the civil social organizations.
4. Committee performed interviews with 338 candidates during May, and choose 60 candidates with the absence of supervisor of the civil social organizations, and depending on law of Independence High Electoral Commission No.11 of 2007 where it firmed quota in choosing of Independence High Electoral members. It has been selected 60 candidates according to quotas of winners in the elections (30 Shiah, 18 Sunni, 11 Kurdish and 1 Christian), but the Turkomam objected and demanded to have represented as well, and this means that it has been selected 60 candidate is not in according to the competence and experience and not according to the components as stated in the Act of the Electoral Commission but through the blocs and political parties, and it will choose the nine members of the new Board of Commissioners of the Independent High Electoral Commission, and the resolution of parliament that recently is about the process of selecting members of parliament to the leaders of political blocs and the political consensus is a clear evidence to follow the approach of quotas.
5. Tammuz Organization firmly believes that the selection of members of the new Council of the election commission in this way will be on the efficient and professional and will bring us the previous Commission scenario, and the first element of the elections integrity is the integrity and independence of the Commission through the selection of independent members without the intervention of political parties, and have allegiance only to the law and devote their expertise to ensure integrity of the elections in a professional and impartial.
6. If the parliament has failed in selecting of new nine members of election commission council during the next weeks will disrupt the upcoming elections (the Kurdistan region elections and provincial elections) or extend the work of the current Commissioners for longer in order to hold elections because the new council will need time for training and gain experience of at least six months to enable it to hold new elections.

Through the indicators above, it is clear to us that there are three basic problems:
The first one is the process of selecting of members for Independent High Electoral Commission that will be according to party quota under the pretext of taking into account the components that have pointed the Electoral Commission Act.
The second problem is the marginalization role of civil society organizations in monitoring the work of the Commission and not to be involved in the selection process for the Board of Commissioners.
The third is the parliament failed to choose the members of the new council yet and probably in the next few weeks will leading to a delay in conducting the upcoming elections and the consequent of clear constitutional violations.
Due to the importance of this matter, Tammuz Organization for Social Development calls to take the following recommendations into consideration:
1. The House of Representatives must expedite the selection of members of the new council elections Commission and must be (independence, impartiality and efficiency, experience and professional members who will be selected) to the Board of Commissioners in the election commission.
2. The parliamentary committee in charge of choosing members of the Board of Commissioners clarifies the reasons that led to the marginalization and not to invite civil society organizations to attend meetings of the Committee and monitor the progress of the operation.
3. Civil society organizations, organizations and interested networks in the topic of elections and insured political parties of state of the work institutions must to issue reports calling for the Council of Representatives to choose the members of the new Council of the Electoral Commission in according to the efficient, professional standards and expertise and not according to the share of the community or national or menu, and also demanded to accelerate the selection the new members to comply with the upcoming election deadlines.
4. We also call on the Presidency for protection of the Constitution and the honorable judiciary to prevent the interpretation of laws in accordance with the political desires, according to the quota system in the selection of the members and demand the holding of elections on time.
Finally Tammuz Organization for Social Development calls to take into consideration the following proposals in the selection process for the Board of Commissioners of the Electoral Commission for the next phase:

1. Modifications of the Election Commission Law No. 11 of 2007, as follows:
•    Amend paragraph II of Article (3) that relates to the Council of Commissioners and stipulate to (the Board of Commissioners is composed of nine members, two of them at least of legists  selected by the House of Representatives majority after nominated (a committee of the House of Representatives), and they must be of specialists, experts and known for their competence, integrity and independence, taking into account the representation of women. We propose that the Committee must to be outside of the House of Representatives to ensure the independence and impartiality (for example, the form of judges, civil society organizations and the United Nations), or constitute a Committee of the House of Representatives and judges, civil society organizations and the United Nations).
•    Cancellation paragraph tenth of Article nine, which states (taken into account in the formation of the Electoral Commission in order to achieve a balance in the representation of the components of the Iraqi people and in accordance with regulations and instructions). Because it firms sectarianism and nationalism and allow the intervention of political parties and parliamentary blocs that are winning  in the selection of the members Council and who will be selected accordingly.
2. The involvement of civil society organizations, the United Nations and the concerned authorities in the elections in sorting and selection process and not to marginalize its role, also calls for the basics adoption stipulated by the Independent Electoral Commission Act, away from quotas.
3. All institutions of local civil society, the United Nations and the Iraqi parliament must to monitor the performance of the new Council to ensure the adoption of standards and correct principles in the interpretation of the electoral laws and the issuance of instructions and orders for electoral affairs at the level of neutrality and objectivity.
4. We recommend that the choose of responsible committee for the selection and nomination of officials of the independent bodies according to scientific bases away from sectarian and political quotas to promote and enhance the work of these bodies and build a state of institutions.

Tammuz Organization for Social Development
10th of July.2012